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Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B Warrant, 11 June 1844 [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, William Clayton Copy [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, John Taylor and Willard Richards Copy [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–A [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–B [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–C [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–D [State of Illinois v. JS et al. for Riot–A] Petition to Nauvoo Municipal Court, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Habeas Corpus, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Summons, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Minutes, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Testimonies, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Draft [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus] Petition, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844, Copy [State of Illinois v. H. Smith et al. on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]

Habeas Corpus, 13 June 1844, Copy [State of Illinois v. H. Smith et al. on Habeas Corpus]

Source Note

Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, Habeas Corpus, to
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
City Marshal [
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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],
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL, 13 June 1844, State of IL v. H. Smith et al. on Habeas Corpus (Nauvoo, IL, Municipal Court 1844). Copied 13 June 1844; printed form with manuscript additions in handwriting of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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; witnessed by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, 13 June 1844; docket by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, [
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL], 13 June 1844; notation by
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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, [13 June 1844]; notation by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, 13 June 1844; two pages; Nauvoo, IL, Records, CHL. Includes seal.

Historical Introduction

See Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Habeas Corpus, 13 June 1844 [ State of Illinois v. H. Smith et al. on Habeas Corpus ]
Habeas Corpus, 13 June 1844, Copy [ State of Illinois v. H. Smith et al. on Habeas Corpus ]

Page [1]

STATE OF ILLINOIS,)
City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
.)
The people of the State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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to the
Marshal

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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of said
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
.—
GREETING:
Whereas application has been made before the Municipal Court of said
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, that the body bod[i]es of one
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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W[illiam] W Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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.
O P. Rokwell [Orrin Porter Rockwell]

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

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,
Joseph W Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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.
Stephn Markam [Stephen Markham]

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

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D H Redfild [David Harvey Redfield]

31 Aug. 1807–27 Dec. 1878. Teamster, farmer, merchant, coroner. Born at Herkimer, Herkimer Co., New York. Son of Samuel Russell Redfield and Sarah Gould. Baptized into Church of Jesus Christ of Latter-day Saints, by 1831. Ordained a priest by Sidney Rigdon...

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John Lytle

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

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D[imick] B Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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of the
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
aforesaid is in the custody of one
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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constable of the county of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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State aforesaid. These are therefore to command the said
David Bettiswrth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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.—
to safely have the body of said
Hyrm Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
.
W. W Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

View Full Bio
O P. Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
<​
John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

View Full Bio
.
J. P. Green [John P. Greene]

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
.
L. Rihads [Levi Richards]

14 Apr. 1799–18 June 1876. Teacher, mechanic, inventor, physician. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Baptized into Church of Jesus Christ of Latter-day Saints, 31 Dec. 1836, in Kirtland, Geauga Co., Ohio...

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Steph[e]n Perry

22 Dec. 1818–16 Nov. 1888. Farmer, carpenter. Born in Middlebury, Genesee Co., New York. Son of Asahel Perry and Polly Chadwick. Baptized into Church of Jesus Christ of Latter-day Saints, 4 Aug. 1833, in Middlebury. Moved to Kirtland, Geauga Co., Ohio, May...

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J[onathan] H. Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

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,
J[onathan] Dunham

14 Jan. 1800–28 July 1845. Soldier, police captain. Born in Paris, Oneida Co., New York. Son of Jonathan Dunham. Married Mary Kendall. Moved to Rushford, Allegany Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints and ordained...

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,
S Bennet [Samuel Bennett]

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

View Full Bio
&
W W Edwards [William H Edwards]

13 June 1821–13 May 1846. Policeman. Born in Overton Co., Tennessee. Son of Thomas Edwards and Elizabeth. Baptized into Church of Jesus Christ of Latter-day Saints, before Oct. 1839. Ordained an elder, Oct. 1839, in Commerce (later Nauvoo), Hancock Co., Illinois...

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J W. Colegde

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
steph Mrkam

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
D H redfild

31 Aug. 1807–27 Dec. 1878. Teamster, farmer, merchant, coroner. Born at Herkimer, Herkimer Co., New York. Son of Samuel Russell Redfield and Sarah Gould. Baptized into Church of Jesus Christ of Latter-day Saints, by 1831. Ordained a priest by Sidney Rigdon...

View Full Bio
J. M. Litle

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

View Full Bio
&
D B Huntigton

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

View Full Bio
​>
of the city aforesaid, in his custody detained, as it is said, together with the day and cause of his caption and detention by whatsoever name the said
Hyrm Smth

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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& other mnton [mentioned] in ths writ
may be known or called, before the Municipal Court of the said
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
forthwith, to abide such order as the said court shall make in his behalf. And further if the said
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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or other person or persons having said
Hrym Smth

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
& other,
of said city of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, in custodv, shall refuse or neglect to comply with the provisions of this writ, you, the
Marshal

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
of said
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, or other person authorized to serve the same, are hereby required to arrest the person or person so refusing or neglecting to comply, as aforesaid, and bring him or them; together with the person or persons in his or their custody, forthwith before the Municipal Court, aforesaid, to be dealt with according to law. And herein fail not, and bring this writ with you.
[seal]
Witness
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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Clerk of the Municipal Court at
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, this 13th day of June in the year of our Lord one thousand eight hundred and forty four
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

View Full Bio
Clerk of the Municipal Court of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
. [p. [1]]
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Related Case Documents
Editorial Title
Habeas Corpus, 13 June 1844, Copy [State of Illinois v. H. Smith et al. on Habeas Corpus]
ID #
10661
Total Pages
2
Print Volume Location
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